Members' Handbook

Section A – Membership

Category

Provisional Member

Associate Member

Full Member (3)

Minimum
Qualifying
Criteria(1) (2)

After 1 year’s provisional membership aggregate earnings of €952.30 (writer) and €3,809.21 (publisher) over a period not exceeding three continuous years.(4) (For transfer members, earnings while at your previous PRO will be counted.)

After 1 year’s membership aggregate earnings of €6,348.69 (writer) and €25,394.76 (publisher) over a period not exceeding three continuous years (4) (For transfer members, earnings at your previous PRO will be counted.)

Rights

(i) Receive Report & Accounts
(ii) Attend General Meetings
(iii) 1 vote on a show of hands or on a postal ballot

(i) Receive Report & Accounts
(ii) Attend General Meetings
(iii) Eligible to nominate or be nominated to Board
(iv) 1 vote on a show of hands or 10 votes on a poll or postal ballot

(i) Receive Report & Accounts
(ii) Attend General meetings
(iii) Eligible to nominate or be nominated to Board
(iv) 1 vote on a show of hands: 50 votes on a poll or postal ballot plus 50 additional votes if either of the under-noted criteria is fulfilled(3) (5).

Notes:

1. Discretion is retained by the Board of Directors to elect below the criteria in appropriate circumstances.

2. Promotions to Full and Associate membership are automatic. After the end of each financial year, members’ earnings are examined to determine those who qualify for promotion. They are then notified of their new member status. The new status is not lost by any subsequent decline in IMRO earnings below the level of current criteria.

3. Successors to deceased members are eligible for promotion to Full membership if they meet the same earnings criteria as publisher members. However, successors are not eligible for appointment to the Board of Directors, nor are they entitled to the fifty additional votes on a poll or postal ballot (note 5) unless also qualifying for Full membership as a writer or publisher in their own right.

4. The earnings criteria shown above are for promotions from 1996 onwards. They will be reviewed every five years.

Minimum criteria for additional FULL MEMBER VOTES
5. To qualify for additional Full Member Votes, a member must have aggregate IMRO or IMRO and previous PRO earnings of 10 times the full membership criterion as at the preceding 31st December, during the 20 years or less up to the preceding 31st December. The earnings required are €63,486.90 (writer) and €253,947.60 (publisher).

Membership Requirements
The criteria governing admission to Provisional membership of IMRO are as follows:

Songwriters, Composers, Lyricists and Arrangers of Public Domain Music, qualify for membership of IMRO if one of their works has been either:-

a) Commercially recorded (proof required is a photocopy of the CD inlay card containing a barcode/catalogue number and the applicant’s name as a composer/author/arranger of public domain works, OR evidence of a commercially available download of original material.) or

b) broadcast on TV or Radio within the past two years, or

c) performed in public on at least 12 occasions within the past two years.

Alternatively, the applicant may be:-

d) A classical composer whose work has been performed live at a concert or recital of classical music licensable by IMRO.

Applications for IMRO membership should be accompanied by suitable evidence such as a copy of the commercial recording, a letter / email from the broadcaster confirming that the broadcast took place or confirmation in a letter / email from the venue manager/owner or promoter that the qualifying performances took place.

Each applicant must also submit proof of identity in the form of a photocopy of a birth certificate, passport or driver’s licence.

Publishers
In order to qualify for IMRO membership a music publisher must have a catalogue of at least 10 works, at least 5 of which must have received some form of commercial exploitation in the EU territory within the past two years. In addition:-

a) The writers of the 10 qualifying works must be members of IMRO, or of one of its affiliated societies.

b) The publisher must have acquired rights in at least 5 of the works for a territory within the European Union.

A copy of the recordings or of the sheet music must be submitted in support of the application for the qualifying 10 works. Copies of all assignments between the applicant and the writers in respect of the works concerned must also be supplied. A sheet of the publisher’s headed notepaper should be provided.

Individual applicants must also submit a copy of their birth certificate, passport or drivers licence.

Partnerships must provide a copy of the partnership agreement

Limited companies must provide a copy of the Memorandum and Articles of Association

Membership fees
There is no fee for IMRO membership for either writer or publisher applicants.

Definitions
The following definitions apply to the admission criteria:

‘Broadcast’ means transmission by a television or radio broadcasting station and/or inclusion in a cable programme.

‘Film’, which includes videograms (whether in the form of cassettes or discs) as well as cinematograph films as defined in Section 18 of the Copyright Act 1963.

‘Commercially published’ means:

made available to the public by sale or hire in graphic (sheet music) form

‘Commercially recorded’ means:

(i) the work has been released to the public on a record label, or

(ii) the work has been recorded and made available to the public by inclusion in a catalogue of a recorded music (e.g. background or mood music) library, or

(iii) the work has been recorded and transmitted by a television or radio broadcasting station or included in a cable programme, or

(iv) the work has been recorded on the soundtrack of a film which has been released for public exploitation.

Termination of Membership
Provisional and Associate writer membership may be terminated if no royalties at all are credited to the writer over a five year period. Provisional publisher members whose royalties have not exceeded an aggregate of €317.43 over five years may also be terminated.

Successors to Deceased Members
Copyright in musical works lasts for the lifetime of the author (or in the case of co-written works, the lifetime of the last surviving contributor) and for 70 years following their death.

On the death of a member, IMRO should be notified as soon as possible so that it can be established to whom future royalties should be paid. Under the company’s Articles of Association membership of IMRO ceases upon death. IMRO will continue to pay royalties to the deceased members’ executors until December 31st of the seventh year following their death, or until a successor member is admitted, whichever is the earlier.

IMRO will admit to Successor membership persons eligible under the Articles of Association. Admission is carried out in such a way as to cause the royalties to be paid in accordance with the will or operation of law. Whatever arrangements are made, IMRO is strictly accountable to pay royalties to the executors in the first instance and then to the Successor member, if one is elected. If the deceased does not leave a will, the law prescribes who is to inherit his or her assets, including royalty payments from IMRO. IMRO is bound by the law. Therefore, in the absence of a valid will all royalties will be paid to those legally entitled.

The legal charges for making a will are quite small, and IMRO strongly advises that members make a will and recommend that a solicitor should be consulted as this is not always a straightforward process.

Successors to Provisional members are initially admitted to Provisional membership, whereas Successors to Associate or Full members are admitted to Associate membership (unless in the case of a deceased Full member the royalties over the last three years had fulfilled the criteria for Full Publisher membership). Once elected, Provisional Successor members are promoted to Associate membership status under the same criteria as living Writer members, and Associate Successor members are promoted to Full membership status in accordance with the criteria for Publisher members.

Unless a Successor member is elected, IMRO’s control of the rights in unpublished works will cease upon the expiry of the seven year period following the death of the last surviving interested party in the works. As regards published works, payment to the publishers will normally continue after the expiry of the seven year period, and include the former Writer share. The executors of the last member would no longer be entitled to receive that Writer share direct.

In conclusion, members should ensure that they have made a valid will specifically bequeathing their royalties (if appropriate), and to also include that a direction is given to close family and/or legal advisors to notify IMRO immediately after their death so that the above procedures can be put into effect swiftly.

1) The online works registration facility is available in the Member Services area of the website www.imro.ie. If the work is co-written, members must confirm to IMRO, via the online declaration, that they have notified all other contributors on the work that they are registering this work on their behalf and that all contributors agree to the share splits as indicated. Where members wish to notify several similar works, provided that the number of writers is the same and the contractual details and shares are identical, additional titles can be registered by using the Copy function on the work. Online works registrations are processed on a daily basis.

Via Paper Works Registration Forms
2) There are two types of paper forms which can be used to register works: a form for unpublished works and a form for published works. Unpublished work registration forms must be signed by all contributors on the work. Where members wish to notify several similar works, provided that the number of writers is the same and the contractual details and shares are identical, additional titles can be entered on the second page of the works registration form. Paper works registrations are processed on a weekly basis.

Work Amendments

Via Paper Works Registration Forms

3) Work amendments must be submitted to IMRO on paper works registration forms. All original and new contributors to the works, for whom shares are being updated, must sign and date the amended works registration form.

Duplicate Claims

4) IMRO follows international best practice where counterclaims or disputes arise in relation to the ownership of musical works. Where a new copyright owner claim conflicts with an existing copyright owner claim, then the new claimant must be able to support this claim with documentation within 60 days before that claim can be accepted by IMRO. In the meantime, IMRO will continue to pay the original claimant. If the new claimant can document its claim, then the original claimant has 60 days to produce documentation for its claim. If the original claimant has not answered within 60 days, they will be notified that their claim has been replaced by the new claim. If both parties maintain claim and can supply supporting documentation, then either party can seek to have the works placed in dispute and the relevant shares suspended pending agreement. As per IMRO Rule 6, Board approval is required to place a work in dispute.

Writers should note…..

Published Works (i.e. works assigned to a publisher).
1) It is the responsibility of your publisher to register works you have assigned to that company. Published works should not be registered by the songwriter with certain exceptions. For example, a writer may wish to register works which are published abroad only or if there are works registration delays on the publisher’s side.

2) Writers who are under exclusive contract to a publisher should ensure that they advise their publisher of all new works as they are written to enable the publisher to register the works.

Unpublished Works (i.e. works not assigned to any publisher)
3) Should be registered with IMRO as soon as possible. Members can submit details of performance and recording activity online or when submitting the works to IMRO.

4) Each writer has a unique nine digit CAE Number. This number should be (legibly) entered in the appropriate column in order to correctly identify the writer. If you are co-writing with other IMRO members or members of affiliated societies, you should ensure that your co-writer’s CAE Number is also entered. If you are unsure of your CAE number, please contact IMRO Membership Services.

5) Members should not register their arrangements of copyright works as no share of royalties is allocated to an arranger in such cases. HOWEVER ARRANGEMENTS OF PUBLIC DOMAIN WORKS SHOULD BE REGISTERED.

6) If a composer has written incidental music for a non-musical play, the playwright’s name should not be shown in the author’s column. If songs have been written for the play, their individual titles and other details should be separately indicated, making it clear who wrote the words.

7) Specially commissioned works for a film, television or radio programme (or series) or any other audio-visual production should, wherever possible, be notified under the generic score title only (e.g. “Film X – Theme and Background Music”). It is not necessary to notify each individual cue employed in an audio-visual work, except where the nature of the cue differs substantially from the rest of the score (e.g. another interested party is involved, or the work is a commissioned song). If available, the producer’s music cue sheet for the production this should be sent directly to IMRO’s Distribution Team.

8) Performing shares must add up to exactly 100%. Mechanical shares must add up to exactly 100%.

9) In completing works registrations, members should indicate their preference for a US performing right society to collect royalties on their behalf; either ASCAP, BMI or SESAC. Where no choice is made by the member, the default choice is ASCAP.

Publishers should note…..

1) All contributors to the work must be identified on the works registration. CAE numbers should be entered in order to ensure the correct contributor is credited.

2) When notifying Co-Published works or ‘Split Copyrights’, you are not required to indicate contractual details of interests other than that part of the work you are notifying. However, all interested parties, (i.e. all the names of writers and publishers involved with the work) and applicable shares must be shown.

3) All forms should always be signed and dated – for publishers’ notifications the full name of the publisher and the capacity of the signatories should also be provided.

CAE Numbers
The names of all writer and publisher members are entered, by the Society to which they belong, onto an international membership database, known as the IPI. This generates a unique CAE number for each society member. To protect confidentiality where writers register a pseudonym or where publishers trade under a different company name, a separate CAE number is allocated. Therefore, members may have more than one CAE number. In order to ensure work contributors are correctly identified, we request members to quote their CAE number when registering works and agreement details. If you are unsure of your CAE number, please contact IMRO Membership Services.

IMPORTANTWhen registering a work, whether by a publisher or writer/composer, the IMRO member is declaring their copyright ownership of that particular work. Therefore, it follows that in the event of a dispute regarding ownership of works, the legal obligation rests with the publisher or writer/composer to prove ownership.

IMRO is one of the most efficient performing rights organisations in the world in terms of the frequency of distributions it makes to its members and affiliated societies worldwide. In addition to this IMRO does not apply any administration fees to royalties earned by its members from international performances of their works.

1 Introduction

This document provides an overview of how IMRO distributes the royalties it collects on behalf of composers, authors and publishers. IMRO collects royalties from a range of sources and this document explains in detail how and when the royalties from each source are paid to the copyright owners.

This document should be read by IMRO’s members, IMRO’s affiliates (performing right societies outside of Ireland with whom IMRO has a reciprocal agreement) and IMRO’s customers and is intended to make IMRO’s royalty distributions as transparent as possible.

To make a distribution IMRO needs 2 key components

Royalty: The revenue collected from licensed users of music

Data: Information related to the music usage by the licensed user

Under the terms of IMRO’s license agreements, many of IMRO’s customers are obliged to report to IMRO the musical works that they have used e.g. played on radio or at a live concert etc. These lists are brought into IMRO’s Distribution System and matched against the almost 14 million works held on IMRO’s database. IMRO then uses this information together with information provided by its members, affiliate societies and third parties to identify the copyright owners of each musical work used and to calculate the royalties due.

Wherever economically feasible, IMRO tries to ensure that the royalties received from each customer are paid directly on the basis of the musical works performed or broadcast by that user. Through the increase of electronic reporting from customers and the implementation of a new Distribution System, IMRO are processing ever increasing amounts of data in a cost-effective way. However, in some cases, the cost of processing the data will exceed the level of royalties collected; IMRO therefore uses a combination of techniques to distribute royalties.

Data Analysis

Census

When distributions are carried out on a census basis it means that the royalties received from an individual customer are distributed 100% across the music used and reported by that customer. Most television and radio station royalties are distributed this way.

Census/Sample

Some radio stations play most music from a ‘play-out’ system; however they will often have a range of specialist programmes that are returned manually. If a station’s royalties are distributed on the Census/Sample rate, it means that they are delivering full census reports for all automated programming (i.e. where music is played out using an automated/play-out system) and are on a sample rate for all programming not delivered via an automated system (i.e. incorporating specialist programming).

Sample

This is where royalties from an individual customer are distributed using a representative sample analysis of its logs. All sample data is chosen on a random basis using a software tool.

Analogies

Royalties for most performances given by recorded means (CD, juke boxes, background music devices etc.) are distributed by reference to statistical data, obtained from sources other than the licensees and which reflect contemporary patterns of music use. These can include sales charts, transmission logs from certain broadcasters, cinema operators, representative surveys etc.

Allocation Basis

Having processed the data from a particular provider the value of a given work can be calculated in one of two ways

Duration Basis

This method is used extensively in broadcast distributions. The net royalty for a radio station is divided by the total number of seconds of music broadcast in the distribution period to arrive at a ‘Point Value’ (the value of music per second). This ‘Point Value’ is then multiplied by the number of seconds reported by the broadcaster to calculate the royalty value for that particular song.

Example – Duration Basis

Total Seconds of Music used by ‘Broadcaster 1’ in Distribution Period

10,000,000

Total net royalty paid by ‘Broadcaster 1’ for Distribution Period

€130,000

Point Value’ (value per second)

€0.013

Total duration (in seconds) reported by ‘Broadcaster 1’ for ‘Song A’.

50,000

Total royalty due to ‘Song A’ i.e. 50,000 * €0.013

€650.00

Per Play Basis

This method is used most often in distributions related to live performances. The net royalty for a specific distribution pool is divided equally amongst all musical works performed.

Example – Per Play Basis

Total number of songs performed on a set-list

20

Total net royalty paid by ‘Promoter 1’ for that event

€1,000

Point Value’ (value per play)

€50

Total plays reported by ‘Promoter 1’ for ‘Song A’.

2

Total royalty due to ‘Song A’ i.e. 2 * €50

€100

This document gives a comprehensive view of where each distribution technique is used across the range of IMRO’s revenue streams.

2 Broadcast Royalties

IMRO receives royalties from all Irish broadcasters. In the main the royalties from broadcasting are analysed on a Census basis where music duration is a key factor in determining the value of a royalty payment.

The process for all surveyed broadcasters is as follows.

* The Unidentified Performance file is made available to IMRO’s members and affiliates. (See Unidentified Performances section 8.2.)

2.1 Television

Television royalties are distributed by IMRO quarterly in April, July, October and December. Based on analysis of independently commissioned media monitoring data, IMRO policy is to split television royalties in the following manner:

85% of net revenue is distributed to the music used in general programming

15% of net revenue is distributed across advertising data

This split will be reviewed every 5-7 years. It was last assessed in 2011.

National Television – General

There are 5 national TV stations in Ireland: RTÉ 1, RTÉ 2, TV3, TG4 and UTV Ireland. Each station returns complete transmission logs and these are analysed on a census basis. The royalties received from each station are distributed four times a year. A separate distribution pool is created from each station and the royalties received from that station are distributed across the music reports returned by that station.

85% of the net revenue received is distributed across ‘General Music’ i.e. the music used within all TV programmes, promos etc.

Revenue Source

Analysis

Remarks

Distribution Frequency

RTÉ 1 TV – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

RTÉ 2 TV (2 Stations) – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

TV3 – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

TG4 – General Music– 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & Dcember

UTV Ireland – General Music– 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

National Television – Advertising

15% of the revenue in each station is reserved for an ‘Advertising Music’ pool as the music returns for adverts are processed separately.

Revenue Source

Analysis

Remarks

Distribution Frequency

RTÉ TV (2 Stations) – Advertising Music – 15% of Net Revenue

Census

All are calculated on a duration basis

Quarterly. April, July, October & December

TV3 – Advertising Music – 15% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

TG4 – Advertising Music – 15% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

UTV Ireland – Advertising Music – 15% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Local/Cable Television

There are very few indigenous cable-only stations in Ireland. Where economically feasible, IMRO’s policy is to distribute royalties on a census basis.

Revenue Source

Analysis

Remarks

Distribution Frequency

3e – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

3e – Advertising Music – 15% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Setanta – General Music – 85% of Net Revenue

Sample

2 day per month sample. Calculated on a duration basis

Quarterly. April, July, October & December

Setanta – Advertising Music – 15% of Net Revenue

Sample

2 day per month sample. Calculated on a duration basis

Quarterly. April, July, October & December

Cable Re-Transmission

IMRO licenses cable operators and satellite broadcasters for the cable re-transmission of foreign stations in Ireland. IMRO passes the royalties it collects for these stations to the society in the territory of original broadcast e.g. the royalties collected by IMRO for the re-transmission of BBC channels is passed to PRS which is then added to the main BBC PRS pools.

The following is a selection of channels licensed by IMRO where the royalties are distributed by the societies in the original territory.

<trBBC HDNick JnrSky Sports 3Film 4+1Sky Movies Sci Fi/Horror

BBC1

ITV1

Sky Sports 1

E4

Sky Movies Comedy

BBC2

ITV2

Sky Sports 2

E4+1

Sky Movies Drama

BBC3

ITV3

Sky Sports News

Discovery

Sky Movies Indie

BBC4

ITV4

Comedy Central 1

Sky Living

Sky Movies Classics

CBeebies

C4

Comedy Central +1

Sky Living +1

Sky Movies Premiere

CBBC

Sky 1

Comedy Central Extra

MTV

Sky Movies Premiere + 1

BBC News 24

Sky News

Sky Two

E!

Sky Movies Family

BBC World

Nickelodeon

Sky Three/Pick

Film 4

Sky Movies Modern Greats

Box TV

Disney

BT Sport

More 4 +1

UKTV

As per international agreements IMRO can reserve a percentage of this Cable Re-Transmission net revenue to compensate IMRO original and sub-publishers who otherwise would not feature in the distributions in the territory of original broadcast. IMRO currently reserves 2% of net revenue to fund a Publisher Compensation Scheme.

On an annual basis, IMRO writes to its publisher members inviting them to take part in the scheme. To qualify the publisher must be able to show how it is at a financial loss due to the cable re-transmission royalties being distributed by the overseas society rather than IMRO.

The member’s earnings from IMRO’s domestic TV distributions are used to determine the share of the compensation fund. A simple weighting is also applied to reflect whether a member earns reduced or no royalties due to the overseas society carrying out the distribution.

2.2 Radio

Radio royalties are distributed by IMRO quarterly in April, July, October and December. Based on analysis of independently commissioned media monitored data, radio royalties are split in the following manner

85% of net revenue is distributed to the music used in general programming

15% of net revenue is distributed across advertising data

For Independent Local Radio, the advertising revenue is further divided between In-House and Agency advertisements (see below)

This split will be reviewed every 5-7 years. It was last assessed in 2011.

National /Quasi- National Radio – General

There are 6 national/quasi-national radio stations in Ireland: RTÉ Radio 1, RTÉ Radio 2FM, Radió Na Gaeltachta, Lyric FM, Today FM and Newstalk. Each station returns complete transmission logs and these are analysed on a census basis. The royalties received from each station are distributed quarterly. A separate distribution pool is created for each station and the royalties received from that station are distributed across the music reports returned by that station.

Revenue Source

Analysis

Remarks

Distribution Frequency

RTÉ: Radio 1 – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

RTÉ: Lyric FM – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

RTÉ: RnaG – General Music – 100% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

RTÉ: 2FM – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Today FM – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Newstalk – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

National / Quasi – National Radio – Advertising

The advertising logs for each of these stations are processed separately. 15% of net revenue is reserved to fund each advertising distribution pool (with the exception of RnaG as it carries no advertising).

Revenue Source

Analysis

Remarks

Distribution Frequency

RTÉ: Radio 1 – Advertising Music – 15% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

RTÉ: Lyric FM – Advertising Music – 15% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

RTÉ: 2FM – Advertising Music – 15% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Today FM – Advertising Music – 15% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Newstalk – Advertising Music – 15% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Regional /Independent local Radio – General

There are 30 Regional, Multi City and Independent Local Radio stations in Ireland. The royalties received from each station are distributed four times a year. A separate distribution pool is created from each station and the royalties received from that station are distributed across the music reports returned by that station.

Revenue Source

Analysis

Remarks

Distribution Frequency

4FM – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

96FM – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Beat 102 103 FM – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

C103 – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Clare FM – General Music – 85% of Net Revenue

Census/ Sample

Census for automated returns. 3 day per month sample for non-automated. Calculated on a duration basis

Quarterly. April, July, October & December

Dublin’s 98 – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Sunshine FM – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

East Coast Radio – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

FM104 – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Galway Bay FM – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Highland Radio – General Music – 85% of Net Revenue

Sample

2 day per month sample. Calculated on a duration basis

Quarterly. April, July, October & December

i102-104 – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

i105-107 – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

KCLR – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

KFM – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Limerick’s Live 95FM – General Music – 85% of Net Revenue

Census/ Sample

Census for automated returns. 4 day per month sample for non-automated. Calculated on a duration basis

Quarterly. April, July, October & December

LM/FM – General Music – 85% of Net Revenue

Census/ Sample

Census for automated returns. 2 day per month sample for non-automated. Calculated on a duration basis

Quarterly. April, July, October & December

Midland Radio 3 – General Music – 85% of Net Revenue

Census/ Sample

Census for automated returns. 2 day per month sample for non-automated. Calculated on a duration basis

Quarterly. April, July, October & December

MWR FM – General Music – 85% of Net Revenue

Census/ Sample

Census for automated returns. 4 day per month sample for non-automated. Calculated on a duration basis

Quarterly. April, July, October & December

Ocean FM – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

TXPhantom FM – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Q102 – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Radio Kerry – General Music – 85% of Net Revenue

Census/ Sample

Census for automated returns. 2 day per month sample for non-automated. Calculated on a duration basis

Quarterly. April, July, October & December

Radio Nova – General Music – 85% of Net Revenue

Census

Census for automated returns.

Quarterly. April, July, October & December

Red FM – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Shannonside/Northern Sound – General Music – 85% of Net Revenue

Census/ Sample

Census for automated returns. 3 day per month sample for non-automated. Calculated on a duration basis

Quarterly. April, July, October & December

South East Radio – General Music – 85% of Net Revenue

Census/ Sample

Census for automated returns. 6 day per month sample for non-automated. Calculated on a duration basis

Quarterly. April, July, October & December

Spin 103.8FM – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Spin South West – General Music – 85% of Net Revenue

Census

Calculated on a duration basis

Quarterly. April, July, October & December

Spirit FM

Sample

One month per quarter. Calculated on a duration basis

Quarterly. April, July, October & December

Tipp FM – General Music – 85% of Net Revenue

Census/ Sample

Census for automated returns. 4 day per month sample for non-automated. Calculated on a duration basis

Quarterly. April, July, October & December

WLR FM – General Music – 85% of Net Revenue

Census/ Sample

Census for automated returns. 2 day per month sample for non-automated. Calculated on a duration basis

Quarterly. April, July, October & December

Regional / Independent Local Radio – Advertising

The advertising logs for each Regional /Local stations are processed separately. Two types of radio advertisements are reported by Independent Local Radio stations

In-House – in this case the station makes the advert itself and the data returned is of a very high quality and easily identified. 6% of net revenue is distributed across this data

Agency – in this case, the advertising slots are bought through one of several central agencies and the adverts are typically for national or international products. 9% of net revenue from each of the following stations is used to fund the ILR Advertising Agency Pool (details given below)

Regional / Independent Local Radio Advertising – Agency

To improve the accuracy of distributions relating to music used in radio advertising, 9% of revenue from all Local, Multi-City and Regional stations is reserved to fund the ILR Agency pool. The ad logs from a number of national stations are used as the basis on an analogy to distribute this revenue.

Calculated on a duration basis using returns received from the following national stations: RTÉ Radio 1, 2FM, Newstalk, Today FM.

Quarterly. April, July, October & December

Digital Radio

There are 6 digital radio stations in Ireland. As digital radio is in its infancy in Ireland and as the revenue received from this source is very modest no direct distributions take place.

Revenue Source

Analysis

Remarks

Distribution Frequency

RTÉ Choice – General Music

Under Review

Currently the revenue received from this station is distributed pro-rata across the 4 RTÉ radio channels

Quarterly. April, July, October & December

RTÉ Junior – General Music

Under Review

Currently the revenue received from this station is distributed pro-rata across the 4 RTÉ radio channels

Quarterly. April, July, October & December

RTÉ Gold – General Music

Under Review

Currently the revenue received from this station is distributed pro-rata across the 4 RTÉ radio channels

Quarterly. April, July, October & December

RTÉ 2XM – General Music

Under Review

Currently the revenue received from this station is distributed pro-rata across the 4 RTÉ radio channels

Quarterly. April, July, October & December

RTÉ Pulse – General Music

Under Review

Currently the revenue received from this station is distributed pro-rata across the 4 RTÉ radio channels

Quarterly. April, July, October & December

RTÉ Chill – General Music

Under Review

Currently the revenue received from this station is distributed pro-rata across the 4 RTÉ radio channels

Quarterly. April, July, October & December

At present, no advertising is carried on these stations.

Community Radio

There are a range of community radio stations and other stations that will from time to time receive temporary broadcast licenses. The revenue from these stations is distributed 50% across the RTÉ Radio 1/Lyric/RnaG General Music pool and 50% across the RTÉ 2FM General Music pools.

3 Cinema Royalties

Cinema royalies are distributed by IMRO once a year in July. Based on extensive analysis of music usage within cinemas royalties are split on the following basis

1% of gross revenue is reserved and added to the Background Music Shops & Bars pool

95% of net revenue is distributed to the music used in the relevant films

5% of net revenue is distributed across advertising data

3.1 Cinema – Mainstream

Mainstream cinema royalties are distributed on the basis of box office figures returned by Rentrak EDI. Rentrak EDI collects box-office information from all cinema operators in Ireland and compiles the official box-office charts. The relevant cue sheets are secured from IMRO’s members and from IMRO’s affiliates.

Revenue Source

Analysis

Remarks

Distribution Frequency

Mainstream Cinema – General Music

Census

This census is based on full annual box office figures received from Rentrak EDI.

Annually in July

The mainstream cinema pool is made up of 90% net revenue received from all cinemas in Ireland (excluding the IFI Cinema in Dublin).

3.2 Cinema – Arthouse

Revenue from the IFI Cinema in Dublin makes up the Arthouse cinema pool. The royalties are distributed on the basis of performance logs returned by the IFI.

Revenue Source

Analysis

Remarks

Distribution Frequency

Arthouse Cinema – General Music

Sample

The sample is based on full annual returns received from the IFI cinema

Annually in July

3.3 Cinema Advertising

Cinema advertising royalties are distributed on the basis of advertising logs provided by Wide Eye Media which has 100% site coverage in Ireland through all the major cinema exhibitors and through many independent operators.

Revenue Source

Analysis

Remarks

Distribution Frequency

Cinema – Advertising Music

Sample

Distributed on the basis of advertising logs returned by Wide Eye Media. The pool is made up of 5% revenue from both Mainstream & Arthouse cinema pools

Annually in July

4 Live Royalties

As with broadcast royalties, IMRO strives to distribute as many live royalties as possible across actual usage data.

There are three main distribution pools for Live royalties. They are

Invoiced Live Events

Tours and Residencies Scheme

Live Music Survey

The frequency of live royalty distribution ranges from monthly to quarterly depending on the source of the revenue.

4.1 Invoiced Live Events

Invoiced Live Events are gigs and concerts where a specific invoice has been raised for the event. On these occasions, IMRO will ring-fence the royalties collected for distribution across the actual set-lists used at the event.

Revenue Source

Analysis

Remarks

Distribution Frequency

Specifically Invoiced Live Events

Census

Per play basisGenerally these are larger invoiced events. 60% of net revenue is paid to the Headline Act and 40% to the Support Act/Acts. Where more than 8 acts play at an event it is classed as a festival and the royalties are split evenly between all acts.Costs (including Classical Concerts) are calculated on the following basis; the lesser of 25% gross royalty or (Total number of bands * €158.72) + €190.46.

Monthly

IMRO collects set-lists from music promoters, members and sister societies. Once the set-list has been received and the invoice has been paid, IMRO distributes these royalties within a month.

If after a three year period IMRO has been unable to secure a relevant setlist, the royalties are distributed via the Live Music Survey.

From January 2015, a threshold of €24 will be applied to invoiced live events. This will result in events under this threshold being distributed via the Tours & Residencies Scheme upon submission of qualifying performances via the IMRO website.

4.2 Tours & Residencies Scheme

The Tours & Residencies scheme allows IMRO’s members and affiliates self-report all gigs they have performed in a quarter. The members and affiliates are required to submit both a Gig-List (a list detailing the date and venue of their performances) and a representative Set-List that includes all songs regularly performed.

Revenue Source

Analysis

Remarks

Distribution Frequency

Tours & Residencies

Self Reporting Scheme

Reported gigs receive €20 gross per venue per day within a 3 month reporting period. Set lists and gig lists are only accepted via the IMRO website.

Quarterly. April, July, October & December

The deadline of submissions for inclusion in the Tours & Residencies Scheme is as follows:

Performances

Submission Type

Submission Deadline

January – March

Online submissions only

Mid-May

April – June

Online submissions only

Mid-August

July – September

Online submissions only

Mid-October

October – December

Online submissions only

Mid-February

From January 2012, members must submit qualifying performances via the IMRO website. A fixed cost of 10% will be applied to this scheme.

4.3 Live Music Survey

The royalties collected from all other live performances (i.e. not specifically invoiced or Tours and Residencies performances) are distributed on the basis of IMRO’s Live Music Survey. This survey of live performances in pubs, hotels & restaurants around the country is carried out on IMRO’s behalf by an independent market research company.

Revenue Source

Analysis

Remarks

Distribution Frequency

Live Revenue – All Other Venues

Sample

Live revenue from Bars, Hotels & Restaurants is paid based on a survey carried out by an independent market research firm. The survey is made up of 800 visits per annum to live gigs. 9 months of data is used in each quarterly distribution.Calculated on a Per Play basis.

Quarterly. April, July, October & December

There are a number of safeguards in place to ensure the validity, accuracy and representativeness of the survey.

The target of 800 visits per annum is set on a county by county basis (based on the number of venues in the county)

The survey takes place throughout the year to account for seasonal changes

Any reviewer should not see a performer more than once during any six month period

Reviewers should not visit the same venue more than once a month

All new reviewers are spot checked within first five reviews

All reviewers completing over ten reviews are spot checked

9 months worth of survey data is used in any distribution period.

4.4 RTÉ Performing Groups

The RTÉ Performing Groups is comprised of the following

RTÉ National Symphony Orchestra

RTÉ Concert Orchestra

RTÉ Vanbrugh Quartet

RTÉ Philharmonic Choir

RTÉ Cór na nÓg

Performances of these groups are licensed via annual blanket license with RTÉ.

Revenue Source

Analysis

Remarks

Distribution Frequency

RTÉ Performing Groups

Census

Performances are weighted first by attendance figures and then by music duration.

Quarterly. April, July, October & December

5 Background Music

The royalties from a range of sources for ‘background’ music is distributed over a number of different analogies. Generally background uses are made up of the public performance of Radio or Television in a premises or by mechanical means, e.g. CD, Tape, MP3 player etc.

An analogy is a statistically sound and cost effective way to ensure that the correct mix of music is reflected in royalty payments to writers and publishers. These analogies are devised by first carrying out a survey of actual usage in the relevant type of premises e.g. Shops and Bars and then comparing the results with data already available to IMRO using an independently commissioned mathematical formula; this data will include sales charts, transmission logs from certain broadcasters etc. This comparison seeks to find degrees of similarity between the music captured in the actual survey and the data IMRO already has to hand.

The analogies are reset every 5-7 years following a fresh survey of actual usage. The Background Music analogies are next due for review in 2018.

5.1 Public Reception

This refers to the public performance of music by means of a television or radio by an IMRO customer.

Revenue Source

Analysis

Remarks

Distribution Frequency

Public Reception – TV & Radio

Analogy

Public Reception royalties collected for the use of TVs or Radios is added pro-rata to the relevant TV and Radio Stations (including re-transmitted cable & satellite stations where appropriate)

Quarterly. April, July, October & December

Where an IMRO customer pays a TV tariff, the royalties are added pro-rata to all licensed television station pools (including cable re-transmitted channels) and distributed as part of the quarterly broadcast distribution.

Where an IMRO customer pays a Radio tariff, the royalties are added pro-rata to all licensed radio station pools and distributed as part of the broadcast distribution in April, July, October and December.

Where an IMRO customer pays a combined background tariff e.g. for the use of a CD player and/or a radio and/or a TV, then two-thirds of this revenue will be treated as recorded revenue and distributed on the same basis as ‘Background Music – Shops & Bars’ (see below) while one-third will be added pro-rata to all licensed television and radio station pools (including cable re-transmitted channels) and distributed as part of the broadcast distribution in April, July, October and December.

5.2 Background Music – Shops & Bars – Recorded Music

Where an IMRO customer (shop owner or pub owner) pays a background mechanical tariff for the use of a CD player, MP3 player or juke-box etc. then the royalties are distributed via the Shops & Bars analogy.

Revenue Source

Analysis

Remarks

Distribution Frequency

Background Music – Shops & Bars

Analogy

Shops & Bars Background revenue is distributed on the basis of an analogy using selected radio logs and chart information.

Quarterly. April, July, October & December

37.4% – Album charts for the period

25% – Album charts for the previous period

11.3% – Radio 1 logs for the period

9.1% – Q102 logs for the period

7.6% – 2FM logs for the period

3.1% – WLR logs for the period

2.9% – Highland Radio logs for the period

1.7% – LMFM logs for the period

1.3% – Galway Bay FM logs for the period

0.6% – Clare FM logs for the period

5.3 Background Music – Hotels & Restaurants – Recorded Music

Where an IMRO customer (hotel owner or restaurant owner) pays a background mechanical tariff for the use of a CD player, MP3 player or juke-box etc. then the royalties are distributed via the Hotels & Restaurants analogy.

Revenue Source

Analysis

Remarks

Distribution Frequency

Background Music – Hotels & Restaurants

Analogy

Hotel Background revenue is distributed on the basis of an analogy using selected radio logs and chart information.

Quarterly. April, July, October & December

30% – RTÉ Radio 1 logs for the period

28% – Album charts for the period

18.9% – Album charts for the previous period

17.5% – Q102 logs for the period

2.8% – WLR logs for the period

1.2% – Highland Radio logs for the period

1% – LMFM logs for the period

0.6% – Galway Bay FM logs for the period

5.4 Commercial Discos

A specific analogy is used to distribute royalties collected from Commercial Discos.

Revenue Source

Analysis

Remarks

Distribution Frequency

Commercial Discos

Analogy

Disco revenue is distributed on the basis of an analogy using selected radio logs and chart information.

Quarterly. April, July, October & December

32% – Single Charts for the period

20% – Music Week Club charts for the last 2 periods

16% – Album Charts for the period

16% – Spin FM logs for the period

16% – 98FM logs for the period

6 Digital Royalties

IMRO distributes royalties collected from a range of local MSPs (Music Service Providers). Given the emergent nature of this market and the large volume of data to be processed, general distribution policies are set but are reviewed on a case by case basis.

IMRO has partnered with a number of affiliated societies (PRS, SACEM) to offer licenses to multi-territorial MSPs. Therefore for pan-European services, IMRO members will receive the majority of their digital royalties as overseas income.

6.1 Music Downloads

All reported downloads from licensed MSPs are ‘auto-matched’. Unmatched downloads that have been sold three times or more will be ‘manually matched’. The total royalties collected will be distributed across all matched downloads.

6.2 Ringtones

All reported ringtones from licensed Ringtone Providers are ‘auto-matched’. Unmatched ringtones that have been sold two times or more will be ‘manually matched’. The total royalties collected will be distributed across all matched ringtones.

6.3 Music Streaming

All reported tracks that have received greater than a 200 streams in a quarter from licensed MSPs are ‘auto-matched’. Unmatched tracks that have been streamed 500 times or more will be ‘manually matched’. The total royalties collected will be distributed across all matched streams.

6.4 Video Streaming

Given the extremely high volume of data returned by licensed on-demand streaming services, it is not practical to attempt to match all data.

Revenue Source

Analysis

Remarks

Distribution Frequency

RTÉ Player

Sample

The top 400 programmes per quarter are processed. Performances are weighted first by the total number of streams and then by the duration of music within the programmes.

Quarterly. April, July, October & December

iTunes Movies

Sample

The top 500 movies (with music titles) per quarter are processed. Performances are weighted first by the total number of streams and then by the duration of music within the movies.

Quarterly. April, July, October & December

XBox Movies

Sample

The top 100 movies (with music titles) per quarter are processed. Performances are weighted first by the total number of streams and then by the duration of music within the movies.

Quarterly. April, July, October & December

YouTube (Ireland)

Sample

The top 5000 videos (with music titles) per quarter are processed. Performances are weighted first by the total number of streams and then by the duration of music within the videos.

Quarterly. April, July, October & December

UPC TVOD (Transaction Video on Demand)

Sample

The top 100 movies (with music titles) per quarter are processed. Performances are weighted first by the total number of streams and then by the duration of music within the movies.

Quarterly. April, July, October & December

Netflix

Sample

The top 5000 titles per quarter are processed. Performances are weighted first by the total number of streams and then by the duration of music within the show / film.

Quarterly. April, July, October & December

UPV SVOD (Subscription Video on Demand)

Census

Calculated on a duration basis

Quarterly. April, July, October & December

This policy is kept reviewed regularly as new providers come online.

7 Royalties from Overseas

IMRO is committed to forwarding international royalties to its members in the shortest possible time. With 12 payment runs a year (January to December), IMRO is at the forefront internationally of providing the most frequent distribution of overseas royalties to its members.

All royalties received from an overseas sister society before the 20th of a given month are forwarded to our members by the 15th of the following month.

8 International Standards

IMRO is a member of CISAC (International Confederation of Societies of Authors and Composers), an umbrella group for collecting societies. As a member IMRO has signed up to CISAC’s professional rules; a code of conduct covering areas such as Governance, Membership and Transparency. In relation to Distribution, the Professional Rules set out a range of Binding Resolutions and Best Practices that IMRO fully adheres to.

8.1 Inadequate Documentation

If at the time of distribution, there is inadequate documentation for a work that has been performed or broadcast but if one of the original rights holders can be identified as belonging to one of IMRO’s affiliated societies, then all the royalties accruing to the work must be forwarded to that affiliated society. That receiving society will then be responsible for carrying out the distribution and for providing IMRO with adequate documentation for future distributions.

There is only one exception to the application of the Inadequate Documentation rule. That is where an identified original rights holder is an IMRO member. In that circumstance the royalties owing to the work will be placed in suspense and IMRO will contact its member to secure the correct documentation.

8.2 Unidentified Performances

An unidentified use is a performance that cannot be matched to any documented work by IMRO and therefore cannot be distributed via the ‘Inadequate Documentation’ rule.

In this scenario, the unidentified performances are placed on the UP File. The UP File is provided to affiliated societies in an agreed format and is also made available to IMRO’s members via the secure member area of the IMRO website.

IMRO members who log-on to the website can search for any works that they believe were performed but have not received a payment for. Each unidentified performance on the UP file holds a notional value (the royalty it would have secured had it been identified at the time of distribution). A member can claim a performance by linking it to their relevant work and following validation by IMRO staff a payment will be made at the next available distribution.

8.3 Unidentified Commercials

Unidentified Commercials refer to advertisements with music but where the music was unidentified at the time of distribution.

In this scenario, the unidentified commercials are placed on the UC File. The UC File is provided to affiliated societies and also made available to IMRO’s members via the secure member area of the IMRO website.

IMRO members who log-on to the website can search for any commercials that they believe were performed but have not received a payment for. Each unidentified commercial on the UC file holds a notional value (the royalty it would have secured had it been identified at the time of distribution). A member can claim an unidentified commercial by linking it to their relevant work and providing supporting information e.g. clock numbers. Following validation by IMRO staff a payment will be made at the next available distribution.

8.4 Debit / Credit Adjustments

In the event of IMRO paying a work incorrectly or paying incorrect share splits on the work, then IMRO will carry out a Debit/Credit Adjustment. Following validation from IMRO staff, the royalties will be debited from the incorrect copyright owners and paid to the correct owner.

Once notified of an incorrect payment, IMRO will carry out the necessary Debit/Credit Adjustment by the next available quarterly distribution.

As per international standard, IMRO does not process adjustments for claims made more than 3 years after the original distribution.

8.5 Suspense Amounts

If at the time of distribution, there is inadequate documentation for a work that has been performed or broadcast and none of the contributors can be identified, then the royalties due to that work are held in suspense i.e. the amount due to the work is reserved for a time to enable identification of the copyright owners.

All suspense amounts are reviewed after a 6 month period to attempt to identify the correct copyright owners. Copyright owners who are successfully identified will receive a payment at the next available quarterly distribution.

If after analysis, the correct copyright owner cannot be identified, then the royalties are returned to its relevant revenue pool for future distribution e.g. if the unidentified copyright owner featured on a work played on Today FM, then that unallocated royalty would be added to the Today FM pool at its next distribution.

8.6 Duplicate Claims / Dispute Works

IMRO follows international best practice where counterclaims or disputes arise in relation to the ownership of musical works.

Where a new copyright owner claim conflicts with an existing copyright owner claim, then the new claimant must be able to support this claim with documentation within 60 days before that claim can be accepted by IMRO. In the meantime, IMRO will continue to pay the original claimant.

If the new claimant can document its claim, then the original claimant has 60 days to produce documentation for its claim. If the original claimant has not answered within 60 days, they will be notified that their claim has been replaced by the new claim.

If both parties maintain a claim and can supply supporting documentation, then either party can seek to have the works placed in dispute and the relevant shares suspended pending agreement. As per IMRO Rule 6, Board approval is required to place a work in dispute.

IMRO does not and will not arbitrate in the matter of disputes between interested parties and it is not IMRO’s responsibility to determine which of the claimant’s documentation is more correct or valid.

Section D – Licensing

IMRO’s Methods of Licensing Public Performance

1. Public Performance

Irish Copyright legislation does not attempt to define what constitutes a performance in public. The general rule which has emerged from decisions by the Courts over the years, though, is that any performance which takes place outside the domestic or quasi-domestic circle is ‘public’ for this purpose regardless of the nature of the entertainment or the kind of premises where the performance takes place, and irrespective of whether a charge for admission is made. For example, performances in clubs at which attendance is restricted to members, and performances in factories, have been held to be public performances for the purpose of the Act.

Through assignments from its own members and through affiliation agreements with foreign societies, IMRO owns or controls the public performance right in most of the copyright music played in Ireland. Its licence is therefore necessary for practically every public performance of copyright music in this country.

IMRO’s policy is to grant a licence to any prospective music user provided only that the person concerned is prepared to enter into the standard licence contract and pay the appropriate tariff royalty. The copyright in a work is infringed by a person who without the licence of the copyright owner, undertakes or authorises another to undertake a public performance of that work. The onus therefore lies on a music user and venue owner to obtain the permission of the copyright owner before public performances begin. Since IMRO controls the performing right in the musical works vested in it by copyright owners, it maintains nation-wide staff in the field to explain this obligation to unlicensed users of copyright music and to issue licences to them. Licences are also issued directly by the IMRO Head Office.
The tendency of music users not to seek an IMRO licence until approached by its IMRO staff means that the cost of issuing new licences is high. For this reason, unless the music user asks for a licence before being approached by IMRO staff. the royalty for the first year of a licence is 50% higher than the subsequent years charges.

IMRO is reluctant to litigate with music users who do not comply with the law and it takes all reasonable steps to ensure that music users are fully aware of their obligations. However, if a music user refuses to enter into a licence after the legal obligations have been fully explained to him/her, copyright infringement proceedings are begun in the Circuit Court. These proceedings seek an injunction preventing the performance of any of IMRO’s copyright repertoire in public until a licence is obtained and paid for, and IMRO also claims damages and costs.

2. IMRO’s Licences

IMRO licences are in the form of contracts which run from year to year until cancelled by either party. They are blanket licences, authorising the public performance of any of the millions of works which IMRO controls on behalf of both its members and the members of its affiliated societies throughout the world. The royalties payable under IMRO licences vary depending on the nature of music usage on the premises concerned. The general nature of the licence contract is that it authorises the licensee to perform, or to cause or authorise the performance of IMRO’s copyright repertoire, in consideration for which the licensee undertakes to pay the appropriate royalty. Naturally, it does not oblige the performance of all or any part of IMRO’s repertoire. The extent to which that repertoire is performed, within the terms of the licence, is the licensee’s choice entirely. It would obviously be quite impracticable for IMRO to monitor every performance given by each of its licensees, just as it would be intolerable for most licensees to keep a precise check on the nature and extent of all performances in their premises. Therefore, IMRO must be told immediately in writing of any reduction in music usage levels if it is to agree to a corresponding reduction in the royalty. Similarly, increased music usage must be promptly notified to IMRO by licensees.

In certain cases, permits (or one off licenses) are issued for the use of IMRO’s repertoire, or sometimes for specified works, either at a single performance or at a short series of performances at premises not licensed for those performances. If a copyright musical work is performed in public without the copyright owner’s consent then the copyright owner has a claim against not only the promoter of the performance but also the proprietor of the premises (unless he can show that he had no reason to believe that copyright infringement would take place) and the performers. It is not IMRO policy to grant licences to performers (other than to brass and military bands as such, for performances in public places). IMRO normally issues its licence to the proprietor of the venue concerned, so relieving the promoter of a musical entertainment at that venue from having to apply for a special permit licence. Promoters should make a point of ensuring that the proprietor holds an IMRO licence which will cover the occasion, when hiring a premises for a function involving the use of music.

Where a business operating multiple premises needs a licence, IMRO may issue a single licence to the Head Office of the company concerned. Royalties are then assessed depending on music usage and the number of premises involved. Since the licence is a contract it follows that the payment of royalties is an obligation enforceable by law. Those who remain in default after due reminders are issued, are sued in the appropriate courts as ordinary commercial debtors.

3. The Assessment and Payment of Royalties

Royalty charges payable by licensees are calculated under a series of carefully devised tariffs which normally take account of the type and frequency of the performances, the nature of the venue and other relevant circumstances. Many tariffs have been set after consultation with national associations representing the classes of music user to whom they apply.

As explained earlier, IMRO’s charges for the first year of a licence are 50% higher than the continuing royalty, unless the licensee sought that licence from IMRO before the relevant performances began.

IMRO’s principal tariffs are adjusted annually for inflation. The annual adjustment is by reference to movements in the Consumer Price Index.

Many IMRO licensees pay a flat annual charge which does not need to be adjusted from year to year, other than for inflation. These include most premises licensed only for background music. However, where the royalties are calculated as a percentage of admission receipts, or the number of employees (as in the case of factories and offices) or on a fluctuating number of live performances, dances, discos, or other events with music, then in fairness to both IMRO and the music user, the licensee may be asked to complete an annual return of the music usage so that the correct charge can be established.

Royalties are payable annually in advance. A licensee whose royalty is calculated and adjusted annually therefore pays, in the first year, an amount based on an estimate of the licensee’s music usage during the coming year. At the end of the year this payment is adjusted to the actual figure by reference to the returns sent in by him. For the ensuing year the licensee pays the equivalent of the royalty calculated for the previous year, that payment in turn is then adjusted twelve months later when the actual details can be ascertained. Licensees must inform IMRO of changes to performance particulars within latest 1 month of the end of year period to which the change relates, otherwise IMRO is not in a position to make an adjustment to the liability owed.

4. IMRO’s tariffs for Public Performance

Details of the scope and cost of IMRO tariffs may be obtained from the Licensing Department or on https://www.imro.ie/music-users/imro-tariffs/. Tariffs contain up-to-date information on the actual charges levied and many are subject to periodic review. Most tariffs provide for automatic increases in line with the cost of living increases.

Section E – Rights

The Rights Administered by IMRO

Summary

The extent of the rights administered by IMRO on behalf of its members is regulated by detailed provisions in IMRO’s Articles of Association and in special directions issued by the Board of IMRO pursuant to the Articles. These definitions are long and somewhat complicated, but their general effect in practice is as follows. Subject to the exceptions explained in the next paragraph, IMRO administers the performing right in all its members’ musical works; and the term ‘performing right’ means the right (a) to perform a work in public, (b) to broadcast a work and to cause the work to be transmitted to subscribers to a diffusion service. IMRO also administers the film synchronisation right in any musical work specially written by a member for a film.

Exceptions
(i) ‘Grand Right Works’
The rights administered by IMRO exclude what are usually referred to as ‘grand rights’. This expression is generally understood to refer to performances of dramatico-musical works and ballets.

In IMRO’s Articles of Association:
– a dramatico-musical work means “an opera, an operetta, musical play, revue or pantomime, insofar as it consists of words and music written expressly therefor”

– a ballet means “a choreographic work having a story, plot or abstract idea, devised or used for the purpose of interpretation by dancing and/or miming, but does not include country or folk dancing, nor tap dancing, nor precision dance sequences”.

However, the performing right in dramatico-musical works and ballets is administered by IMRO when these works are performed by means of films which were made primarily for the purpose of exhibition in cinemas (and this control extends also to television broadcasting of such films). IMRO also controls performances of these works when given in public by means of radio or television sets (for example in a hotel lounge or a public house).

Television broadcasts of short ballets specially written for television up to a total duration of five minutes or of excerpts from existing ballets are also controlled by IMRO.

(ii) Excerpts from dramatico-musical works
The extent to which excerpts from dramatico-musical works are controlled by the individual copyright owners and by IMRO respectively can be summarised as follows:-

a) Excerpts performed dramatically are always controlled by the individual copyright owner (except in the circumstances mentioned above in which IMRO would control a complete performance of such a work and, at the option of the member who is the owner of the copyright work, IMRO may administer the broadcasting right in a dramatic excerpt subject to certain conditions).

b) As regards excerpts performed non-dramatically public performances of these fall within IMRO’s control provided that they do not exceed 25 minutes duration and neither cover a complete act of the work nor consist of a ‘potted’ version of it. Non-dramatic excerpts in excess of those limits are controlled by the individual copyright owners. The same rules apply to television broadcasts (except that the maximum duration of excerpts controlled by IMRO is 20 minutes), and as regards radio broadcasts, all excerpts, however performed, fall within IMRO’s control except where they exceed the same limits as apply in the case of public performances (subject however to the additional proviso that the total duration of the excerpt(s) must not exceed 25% of the total length of the work).

(iii) Other exceptions
The rights administered by IMRO also specifically exclude public performances (but not broadcasts) of music especially written for son-et-lumière productions and for dramatic productions in theatres, when performed in conjunction with such productions. In certain cases words written specially for commercial advertisements are also excluded from IMRO’s control.

NB a) All non-dramatically performed excerpts which exceed the above noted durations fall outside IMRO’s control and must be licensed by the individual copyright owners.

b) All ballet music – complete or in excerpt – is controlled by IMRO when not accompanied by a visual representation of ballet.

c) If a dramatico-musical work (of specially written music) begins its performance life as a film, broadcast, record, tape or CD and is later adapted to the stage, IMRO does not control the stage performance of such an adaptation. However, pre-existing musical works used in films which are later adapted to the stage are normally controlled by IMRO in the first instance.

Full definitions of rights administered

1. Performing Right
The term ‘performing right’ is defined in IMRO’s Articles of Association as follows:- ‘Performing Right’ means, in relation to a musical work, the right to do, or authorise other persons to do, any of the following acts:-

(a) to perform the work in public,

(b) to broadcast the work; and

(c) to cause the work to be transmitted to subscribers to a diffusion service, in so far as such rights subsist under the law in force from time to time relating to copyright in the State, and includes such corresponding or similar rights as subsist under the laws relating to copyright in all other countries in the world as in force from time to time.

2. Musical Work
The term ‘musical work’ is defined in the Articles as follows:-

‘Musical Work’, without prejudice to the generality of the expression includes:-

(a) any part of a musical work,

(b) any vocal or instrumental music recorded on the soundtrack of any film,

(c) any musical accompaniment to non-musical plays,

(d) any words or music of monologues having a musical introduction or accompaniment

(e) any other words (or part of words) which are associated with a musical work (even if the musical work itself is not in copyright, or even if the performing rights in the musical work are not administered by the company).

3. Film synchronisation right
The term ‘film synchronisation right’ in respect of any musical work means the exclusive right in any part of the world to record the work on the soundtrack of a film and the term ‘film’ has the same meaning as it has under the Copyright Act 1963, namely

“any sequence of visual images recorded on material of any description (whether translucent or not) so as to be capable, by use of that material –

(a) of being shown as a moving picture, or

(b) of being recorded on other material (whether translucent or not) by the use of which it can be shown;”

NB The assignment to IMRO of the film synchronisation right by a writer member is subject to the express provision that IMRO will at any time, at the request of the composer or author of the work, assign or licence the film synchronisation right in the work to the film producer or other person who commissioned its composition or writing provided that IMRO shall have obtained from the producer of the film on the soundtrack of which the work is to be recorded, an agreement in a form satisfactory to IMRO providing for payment to IMRO of such fees either by way of a lump sum payment or share of receipts of royalties or otherwise as IMRO may require in respect of any exhibition of any film embodying the work in cinemas (motion picture theatres) in the USA.

IMRO’s Board
The precise extent to which, with effect from 1st January 1995, IMRO actually administers rights on behalf of its members is set out in the following directions adopted by the Board under the powers granted to it by the Articles of Association:-

A. For Television Broadcasting (otherwise than by microwave distribution):

The broadcasting right in every musical work of which the member is the writer, publisher or proprietor, except :-

1. a dramatico-musical work whether staged or otherwise; provided that the rights administered by IMRO do nevertheless include the right to broadcast on television:-

a) a dramatico-musical work or an excerpt or excerpts from a dramatico-musical work broadcast by means of a film made primarily for the purpose of public exhibition in cinemas or similar premises; and

b) a non-dramatic excerpt or excerpts from a dramatico-musical work (by whatever means broadcast) – the total duration of which in the course of the same programme does not exceed 20 minutes and which excerpt or excerpts –

(i) are not a ‘potted’ version of the work or

(ii) are not or do not cover a complete act of work;

Note:At the option of the member who is the owner of the copyright in a dramatico-musical work IMRO may administer the broadcasting right in a dramatic excerpt or excerpts from the dramatico-musical work broadcast in a documentary programme where non-dramatic excerpts from the dramatico-musical work also appear in the same programme and where the total duration of all the excerpts in the course of the programme does not exceed 20 minutes.

2. the whole or any part of any music and of any words associated therewith composed or used for a ballet if accompanied by a visual representation of such ballet or part thereof; provided that the rights administered by IMRO do nevertheless include the right to broadcast on television any such music and words so composed and used and accompanied by such visual representation when:-

a) a ballet or part or parts thereof are performed by means of a film made primarily of the purpose of public exhibition in cinemas or similar premises; or

b) a ballet or parts thereof, having been devised for the purpose of a broadcast on television, have a total duration in the course of the same programme not exceeding five minutes; or

c) a part of parts (being less than the whole) of a ballet, not having been so devised, have a total duration in the course of the same programme not exceeding five minutes;

Note:At the option of the member who is the owner of the copyright in a ballet, IMRO may administer the broadcasting right in a part or parts (being less than the wholes of the ballet broadcast in a documentary programme where the total duration of all the parts in the course of the programme does not exceed 20 minutes).

3. words written for the purpose of a commercial advertisement unless such words are sung to music specially written for a commercial advertisement or to non-copyright music and the sung performance has a duration of not less than five seconds.

B. For Radio Broadcasting (otherwise than by microwave distribution):

The broadcasting right in every musical work of which the member is the writer, publisher or proprietor, except:

1. a dramatico-musical work; provided that the rights administered by IMRO do nevertheless include the right to broadcast on radio an excerpt or excerpts from a dramatico-musical work the total duration of which in the course of the same programme does not exceed 25 minutes or 25% of the total length of the work whichever shall be the shorter and which excerpt or excerpts –

(i) are not a ‘potted’ version or the work, or

(ii) are not or do not cover a complete act of the work;

2. words written for the purpose of a commercial advertisement unless such words are sung to music specially written for a commercial advertisement or to non-copyright music and the sung performance has duration of not less than five seconds.

C. For Public Performance:

The performing right in every musical work of which the member is the writer, publisher or proprietor, except :

1. a dramatico-musical work whether staged or otherwise; provided that the rights administered by IMRO do nevertheless include the right to perform in public: –

a) a dramatico-musical work or an excerpt or excerpts from a dramatico-musical work performed by means of a film (3) or by means of a radio or television set used for the purpose of giving a public performance of broadcast programmes;

b) a non-dramatic excerpt or excerpts from a dramatico-musical work (however performed) the total duration of which in the course of the same programme is 25 minutes or less and which excerpt or excerpts –

(i) are not a ‘potted’ version of the work, or

(ii) are not or do not cover a complete act of the work;

2. the whole or any part of any music and of any words associated therewith composed or used for a ballet if accompanied by a visual representation of such ballet or part thereof; provided that the rights administered by IMRO do nevertheless include the right to perform in public any such music and words so composed or used and accompanied by such visual representation when performed by means of:-

a) a film (3); and/or

b) a television set used for the purpose of giving a public performance of broadcast programmes

3. any musical work specially written for a son-et-lumiere production when performed in or in conjunction with that production;

4. any musical work (being a musical work which is not a dramatico-musical work or part of a dramatico-musical work) specially written for production of a dramatic work in a theatre when performed in or in conjunction with that dramatic work.

D. For inclusion in a Cable Programme Service and for Broadcasting by microwave distribution (4)

The right to include in a cable programme service or to broadcast by microwave distribution every musical work of which the member is the writer, publisher or proprietor except words written for the purpose of a commercial advertisement unless such words are sung to music specially written for a commercial advertisement or to non-public domain music and the sung performance has a duration of not less than five seconds.

E. For Film Synchronisation:

In the case of a writer member only, the film synchronisation right in every work composed or written by the member primarily for the purpose of a particular film or films in contemplation when the work was commissioned.

Guidelines
1. If an excerpt from a dramatico-musical work is performed on television or on stage it will be deemed to be dramatic if it is accompanied by any dramatic action, whether acted, danced or mimed, and thereby (and/or through the use of costume, scenery or other visual effects) gives a visual impression of or otherwise portrays the writers’ original conception of the work from which the excerpt is taken.

2. It follows (by way of example) that a performance will not normally be deemed to be a dramatic performance if in the case of an excerpt not clearly to be regarded as ‘dramatic’ under 1 –

a) the excerpt is presented on a fixed set which is not based on the set of the original dramatico-musical work. (A ‘fixed set’ would be one which is used for the whole or a substantial part of the television or stage show); or

b) the performer(s) is/are wearing a costume which is not a costume from or based on the original dramatico-musical work; or

c) scenic effects are limited to the use of either a single prop, and/or a backcloth or a piece of scenery (whether physically present or created by technical means e.g. lighting effects) provided that the use thereof is not combined with costume from or based on the dramatico-musical work from which the excerpt is taken.

Notes:
(1) IMRO also controls the cable re-transmission of such works when the act of re-transmission derives from and is simultaneous with a broadcast of the work by radio or television. However, the circumstances in which such simultaneous re-transmission constitutes a ‘restricted act’ which can be licensed by or on behalf of the copyright owner are somewhat limited.

(2) Guidelines to help determine whether any given performance of such an excerpt is ‘dramatic’ or ‘non-dramatic’ have been adopted by the Board of IMRO.

(3) ‘Film’ is defined as in Section18 of the Copyright Act 1963 (see paragraph 10 on page 71). It thus includes videograms (whether in the form of cassettes or discs) as well as films in the narrower sense.

(4) Broadcasting by microwave distribution is the technique by which television or sound services may be distributed, in a specified area, to homes or other places having special aerials capable of receiving microwave signals.

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